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(영문) 수원지방법원 2016.10.06 2016나55926
건물인도 등 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance citing the reasoning of this case is as stated in the corresponding part of the judgment of the court of first instance, except for adding the judgment of the court of first instance under paragraph (2) below. Thus, it is citing it as it is in accordance with the main sentence

2. The Defendant asserts to the effect that the Defendant did not undertake the duty to deliver the instant building to the Plaintiff until repayment of the beneficial cost of KRW 27,000,000,000, as it improved the instant building and increased its value by replacing the balcony of the instant building by paying the cost of KRW 27,00,000.

Therefore, according to the provisions of Article 611(2), Article 594(2), and Article 203(2) of the Civil Act, the borrower of the loan for use may demand reimbursement of the amount of expenditure or the increased amount in accordance with the choice of the lender only in cases where there is an increase in the value with respect to the amount disbursed to improve the borrowed object and other beneficial expenses. The defendant spent the same amount as the defendant claims to improve the building of this case by replacing the balcony of this case. Since there is no evidence to prove that there is an increase in the value of the building of this case, the above assertion by the defendant is without merit to further examine the remaining points.

3. Thus, the plaintiff's claim of this case is reasonable, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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